Federation does not agree with the view taken by the Railway Board by misinterpretation of the contents of DoP&T’s OM dated 4th Feb 1992. In this connection, Federation once again cities below the facts which have been ignored by the Board while considering the demand.

• It is true that vide para 2 of the said OM, while the DoP&T has laid down criteria for assessing the suitability of the incumbents of the posts due to revision of pay scales/upgradation, at the same time in sub-para 2 of the same OM, it has been clarified that where the upgradation involves replacement scale without higher responsibilities or higher qualification but with higher eligibility of service, in such situation suitability may not be assessed.

• It has been further clarified that those who fulfil the criteria of qualifying service, should be appointed to the upgraded post from the date on which they complete the qualifying service.

• The condition stipulated in sub-para 2 of DoP&T’s OM dated 4th Feb 1992 has been fulfilled by the Pharamacists who though recruited in GP 2800 have been appointed to GP 2800 have been appointed to GP 4200 (6th CPC) on completion of 2 years service in GP2800/- (PB-!).
The plea taken by the Railway Board that the said OM of DoP&T is appplicable for assessing the suitability of the incumbents, is therefore, misconceived, illogical and unjustified. On the other hand, the case of Pharmacists for granting MACP benefit is required to be dealt applying the provisions contained in the DoP&T’s OM dated 4th Feb, 1992.
NFIR, therefore, requests the Railway Board to review its stand and issue clarificatory instructions to the Zones etc., allowing MACP to the Pharmacists. Copy of instructions may be endorsed to the Federation.